Special crimes unit vital

The establishment of a special International and Organised Crimes Division in the High Court is a crucial and long-overdue development that demonstrates commitment to fighting these horrendous crimes.

This division, which takes effect on October 30, will fight crimes such as terrorism, human and drug trafficking, piracy, and wildlife and environmental violations. It will also hear extradition and legal assistance matters, plus constitutional petitions and judicial reviews.

It comes 14 years after its proposal emerged amid efforts to strengthen domestic prosecutions following the 2007/08 post-election violence that necessitated the intervention of the International Criminal Court (ICC) in Kenya.

Chief Justice Martha Koome says the division will hear cases arising from the International Crimes Act (ICA), 2008, as well as appeals against organised crimes tried in the subordinate courts, and whose appeals are in the High Court. This is a bold response to years of debate on how the country can handle such cases.

The division will apply Kenyan criminal procedure and evidence rules, alongside those of the ICC, where applicable. There are concerns that domestic courts often face intense political pressure when prosecuting high-profile personalities or State actors, potentially compromising the Judiciary’s independence.

Also quite important in enhancing the delivery of justice is ensuring robust witness protection and managing complex international law elements that require significant systems and infrastructure that the existing domestic systems may struggle to maintain.

This is a welcome shift in how international and domestic legal frameworks address human rights violations. By handling these cases locally, this division can build domestic judicial capacity, offer better access to justice for local victims, and demonstrate a tangible national commitment to enhancing accountability and the rule of law. The creation of this vital division should send a firm signal to would-be offenders that the strong arm of the law has just been strengthened to curb organised crime.

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